Burns v. Great Atlantic & Pacific Tea Co.

Felton, Chief Judge.

As to the plaintiff in error’s procedural ground of exception to the ground of the defendant in error’s motion for summary judgment, this objection should have been raised in the trial court prior to the hearing on the motion and she cannot be heard to complain for the first time in this court of any such error.

The defendant’s motion for summary judgment in this case was based upon the alleged failure of the plaintiff to exercise ordinary care and diligence for her own safety in walking upon the floor on which she fell. The defendant contended that the deposition…